Tyus

Appellant, Johnnie Merry Tyus (wife), appeals that part of a 1983 California judgment which declined to give full faith and credit to a 1975 Texas judgment of divorce awarding her 22.5 percent of the military retirement pay of respondent, James Edwin Tyus (husband).

Facts

On October 6, 1975, a Texas judgment of divorce was entered by which wife was awarded 22.5 percent of husband’s United States Air Force retirement benefit, including any cost of living increases, beginning with the October 1975 payment. By the terms of the judgment, husband was made the trustee of wife’s share of the benefit payments and was ordered to forward those payments to wife immediately upon their receipt.

No appeal was taken from the Texas judgment.

Sometime after the judgment was entered, husband moved to California. Wife remained a resident of Texas.

On May 14, 1981, wife filed her complaint to establish the Texas divorce judgment as a California judgment, alleging the 1975 entry of the Texas divorce judgment and its finality. Husband contested various terms of the judgment, including the continued validity of the military retirement pay award.

On June 26, 1981, the United States Supreme…